Health, migration and law: what challenges?

Human Rights Law ◽

Strong Response ◽

International Commitments ◽

Political Commitments ◽

The One ◽

The reality of migration today is that a large majority of migrants in vulnerable situations either do not have access, or have only very restricted access, to healthcare. While the current importance of the migratory phenomenon and the need to provide protection to disadvantaged migrants has, in recent years, trig-gered a strong response from the international community in favour of the protec-tion of the rights of persons, either refugees or migrants, fleeing their countries of origin; the central challenge of protecting and promoting the right of migrants to health seems as difficult to as ever. This article firstly sets out the international community’s recent political commitments to protect the human rights of migrants as well as the norms of international law applicable to the protection of the health of migrants, mainly contained within international human rights law and interna-tional refugee and migrant law. It then discusses the numerous barriers at the na-tional level which block migrants, particularly in vulnerable situations, from ac-cessing care. In doing so, this article highlights the profound paradoxes between State’s international commitments on the one hand, and State practices to protect and promote migrant access to healthcare on the other.

Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

International Journal of Engineering & Technology ◽

10.14419/ijet.v7i3.30.18224 ◽

2018 ◽

Vol 7 (3.30) ◽

pp. 182

Author(s):

Syafiq Sulaiman ◽

Salawati Mat Basir ◽

Mohd Zamre Mohd Zahir

Keyword(s):

Human Rights ◽

International Law ◽

Asylum Seekers ◽

Law Of The Sea ◽

Human Rights Law ◽

Right To Life ◽

International Human ◽

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.

The Right of Self-Determination: Its Emergence, Development, and Controversy

Jurnal Konstitusi ◽

10.31078/jk1211 ◽

2016 ◽

Vol 12 (1) ◽

pp. 1

Author(s):

Munafrizal Manan

Keyword(s):

Human Rights ◽

International Law ◽

Self Determination ◽

Human Rights Law ◽

Human Right ◽

International Human ◽

The Right ◽

Right Of Self Determination

This paper discusses the right of self-determinationfrom international law and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

The Limits of Law

Feeding the Hungry ◽

10.7591/cornell/9781501751165.003.0006 ◽

2020 ◽

pp. 109-130

Author(s):

Michelle Jurkovich

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Human Right ◽

Right To Food ◽

International Human ◽

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

The use of nuclear weapons and human rights

International Review of the Red Cross ◽

10.1017/s1816383116000096 ◽

2015 ◽

Vol 97 (899) ◽

pp. 663-680

Author(s):

Stuart Casey-Maslen

Keyword(s):

Human Rights ◽

International Law ◽

Nuclear Weapons ◽

Armed Conflict ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Rights Law ◽

Healthy Environment ◽

AbstractInternational human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.

Containment Instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Human Rights Law Review ◽

10.1093/hrlr/ngaa011 ◽

2020 ◽

Vol 20 (2) ◽

pp. 306-332

Author(s):

Annick Pijnenburg

Keyword(s):

Human Rights ◽

International Law ◽

State Responsibility ◽

Human Rights Law ◽

Migration Control ◽

International Human ◽

The Right ◽

And Training

Abstract Containment policies whereby destination States provide funding, equipment and training to transit States that intercept refugees on their behalf suggest that destination States try to circumvent the prohibition of refoulement and raise the question to what extent destination States can avoid responsibility for violations of the rights of migrants and refugees by cooperating with transit States. Answering this question requires broadening the analysis beyond the principle of non-refoulement, including not only international human rights law, especially the right to leave and the concept of jurisdiction, but also the law of State responsibility, notably the prohibition of complicity. This article argues that, although it remains debatable whether the principle of non-refoulement applies when transit States intercept migrants and refugees on behalf of sponsoring destination States, the wider network of international law rules constrains the latter’s ability to avoid responsibility when implementing cooperative migration control policies.

The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective

African Journal of International and Comparative Law ◽

10.3366/ajicl.2019.0261 ◽

2019 ◽

Vol 27 (1) ◽

pp. 100-125

Author(s):

Michael Gyan Nyarko

Keyword(s):

Human Rights ◽

International Law ◽

Land Acquisition ◽

Human Rights Law ◽

Global Level ◽

Constitutional Protection ◽

The Right ◽

Human Rights Based Approach

Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisition laws, which remain largely incoherent and inconsistent with the requirements of the Constitution and international human rights law.

SHOULD INTERNATIONAL LAW RECOGNIZE A RIGHT OF HUMANITARIAN INTERVENTION?

International and Comparative Law Quarterly ◽

10.1017/s0020589317000057 ◽

2017 ◽

Vol 66 (2) ◽

pp. 441-466 ◽

Cited By ~ 1

Author(s):

Chris O'Meara

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Intervention ◽

International Criminal Law ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Rights Law ◽

Syrian Civil War ◽

AbstractThe ongoing Syrian civil war calls for a re-evaluation of using force to protect human rights. This article does not rake over the much-debated issue of whether a right of humanitarian intervention exists as lex lata. Instead, it addresses the little reviewed normative issue of whether the right should exist in international law to support and reflect a pluralistic understanding of sovereignty. Despite advancements in international human rights law, international humanitarian law and international criminal law, this wider fabric of international law preserves Westphalian sovereignty and the principle of non-intervention. It denies any right of humanitarian intervention.

THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

REVISTA ESMAT ◽

10.34060/reesmat.v11i17.292 ◽

2019 ◽

Vol 11 (17) ◽

pp. 209

Author(s):

Mona Paré

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Persons With Disabilities ◽

United Nations Convention ◽

International Human ◽

The One ◽

The Impact

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry into force in 2008. The impact is of both procedural and substantive nature. On the one hand, the procedure that led to the development and adoption of the CRPD was innovative, as are the mechanisms that have been put into place to monitor its implementation. On the other hand, the convention introduces and develops concepts in a novel way in international law, such as new ways of considering the concept of equality, and to understand development, for example. The article concludes that the international community should capitalize on the new approaches, and that their application and interpretation should be closely monitored.

Facing the Future: The Case for A Right to a Healthy Environment for Future Generations under International Law

Groningen Journal of International Law ◽

10.21827/grojil.8.1.30-47 ◽

2020 ◽

Vol 8 (1) ◽

pp. 30-47

Author(s):

Jochelle Greaves Siew

Keyword(s):

Human Rights ◽

International Law ◽

Environmental Sustainability ◽

Future Generations ◽

Human Rights Law ◽

Healthy Environment ◽

International Human ◽

This paper seeks to examine whether the current framework of international human rights law formally grants the right to a healthy environment to future generations. There has been much debate regarding the effectiveness of international human rights law in guaranteeing environmental sustainability in particular without the consideration of future generations. The right to a healthy environment was specifically chosen both as a means of narrowing the scope of this research and given that future generations are a fundamental concept of international law relating to environmental sustainability. In Section II, all relevant concepts, including ‘future generations’, ‘intergenerational justice and ‘environmental sustainability’ will be defined and explored. In addition, a link will be established between intergenerational equity and sustainable development in light of current literature and scholarly discussion. The following section discusses how the link drawn between environmental protection, human rights protection and environmental sustainability provides for a common approach to fully handling current environmental issues. Subsequently, a positive analysis of present day international legal instruments, customary international law and case law will be conducted, to determine the current status of future generations regarding the right to a healthy environment. Use will also be made of academic literature on the subject, including extensive research carried out by scholars such as Edith Brown Weiss and Bridgit Lewis. To conclude, the findings of each section will be summarised, and a final conclusion will be drawn as to the state of future generations in international law and the potential for the right to a healthy environment to be accorded to them.

Linguistic Rights of Indigenous Peoples

De Jure ◽

10.54664/nrib2337 ◽

2020 ◽

Vol 11 (2) ◽

Author(s):

Mohammed Sanka ◽

◽

Keyword(s):

Human Rights ◽

International Law ◽

Indigenous Peoples ◽

Freedom Of Expression ◽

Human Rights Law ◽

Linguistic Rights ◽

The Right ◽

Individual Human

Language plays an essential role in one’s ability to access the life opportunities offered by a society through employment, healthcare, jurisprudence, voting, education, media, etc. Linguistic rights have been designed under international human rights law to address the right to choose the language or languages for communication while accessing such opportunities. Even so, the individually held linguistic right, which evolves from general individual human rights, such as the right to freedom of expression, to privacy, to a fair trial, etc., comes with less consequences as compared to the collective linguistic rights of groups. This paper, while exploring how international law deals with linguistic rights generally, shall focus on the linguistic rights of indigenous peoples. By so doing, the author discusses various international legal instruments which envisage collective linguistic rights of indigenous peoples, highlights the challenges faced by indigenous peoples with regards to such rights, and concludes by suggesting ways by which these challenges can be surmounted.